Tuesday, December 29, 2009

What is an examination for discovery? Personal injury cases examined by Ottawa car accident lawyers.

What is an examination for discovery? Personal injury cases examined by Ottawa car accident lawyers.

Fair Disclosure: In all law suits, one of the most important steps is the disclosure or examination phase. In any personally injury claim, there are documents needed to prove the elements of the case. For instance, an injured person must prove the existence of a standard breached by the person responsible for the injury/accident, called negligence; or prove breach of contract; often maintenance records are sought and must be disclosed potentially showing inadequate steps were taken to make the property safe or a motor vehicle accident report is obtained. Conversely, the owner of the property where a slip, trip and fall occurred either on ice or other slippery surface, will ask for medical documents proving the injuries were sustained.

Examination for discovery is a step in the court action which allows the parties to ask each other questions about any issue in dispute in the action; it is called an oral examination for discovery. The law on examinations will change in Ontario effective January 1, 2010. In most law suits, you will be required to participate to different degrees in the examination or disclosure step, either in writing or orally; If you are seeking compensation for personal injuries as a result of an accident (car accident, slip and fall or otherwise), you will be required to give evidence under oath about your knowledge of the facts on how you were injured and all of the events about the injury and accident. The examination for discovery is the who, what, where, why, when, how step. Many cases are won or lost by questions asked and answers given at examination for discovery.

The examination for discovery is a step that requires full, complete and fair disclosure of facts and documents about the case. In essence, the examination is a question and answer session and each party takes their turn asking and answering questions - all of which is recorded, under oath. The transcript of the examination can be used at trial. Prior to any examination, you need to prepare with your lawyer. At our Ottawa accident and personal injury law firm, we understand the intricacies and complexities of the examination process and we will protect your rights and interests. Call us about any questions you may have in relation to your personal injury case. Call Marc Quinn at 613-563-1131. Ottawa Car Accident and Personal Injury Lawyers. Plant Quinn Thiele LLP.

Monday, December 28, 2009

How to Claim Compensation in Car Accidents - Ottawa injury lawyers - Ottawa and East Ontario car accident lawyers

CAR ACCIDENTS - INJURY - WHEN CAN I CLAIM COMPENSATION - I'M AT FAULT, WHAT TO DO?

There are thousands of cases of car accidents on roads that take place each year, all over Canada, increasing it seems as the snow and ice accumulate. Car accidents can range from minor incidents, resulting in any small injuries to very significant accidents resulting in catastrophic and serious injuries. If you have been the victim of a car accident that was not your fault, you likely have a claim for compensation from the person responsible for the accident. If you are at fault, you have recourse against your own insurer for accident benefits. In order to assess your rights, you need to consult an accident lawyer who specializes in motor vehicle accidents and who possesses the skills, knowledge and experience needed to advance your claim properly.

Whether you are the driver, occupier, passenger, pedestrian etc..., you have the ability to pursue damages, compensation and/or benefits. If you have been involved in an automobile accident in any capacity: driver, passenger, pedestrian, etc... we can help determine your rights and interests and assist in claiming the compensation you deserve. We take on personal injury and car accident cases on a you pay only when we win basis. Call Plant Quinn Thiele LLP - Ottawa personal injury and car accident lawyers at 613-563-1131, Marc Quinn, Author and Lawyer.

Wednesday, December 23, 2009

Ottawa Car Accidents - Car Accident with No Insurance - The Motor Vehicle Accident Claims Fund - Compensation is Still Available

Car Accident with No Insurance - The Motor Vehicle Accident Claims Fund - Compensation is Still Available

In Ontario, if you are injured in a car accident and none of the drivers, occupants or passengers have insurance, you can still obtain compensation for your injuries. The Motor Vehicle Accident Claims Fund (MVACF) is considered to be the insurance of last resort for injured persons in Ontario in cases of motor vehicle accidents. The MVACF provides compensation to people injured in automobile accidents when no automobile insurance exists to respond to the claim. The major functions of MVACF are as follows: (1) to provide statutory accident benefits directly to persons involved in an automobile accident, who have no recourse to automobile insurance; (2) to provide compensation for personal injury or property damage to victims involved in an automobile accident with an uninsured or unidentified driver or a stolen vehicle when no liability insurance exists; and (3) to recover from the owners and drivers of uninsured vehicles monies paid out on their behalf, where legally permissible. At Plant Quinn Thiele LLP - Car Accident Lawyers in Ottawa, Ontario, we assess your rights and interests and locate whatever insurance is available to you in order that you receive fair compensation. Call Marc Quinn for a free consultation at 613-563-1131. Your Ottawa Car Accident Experts.

Tuesday, December 22, 2009

Winter, Ice, Slip, Trip, and Fall Accident Lawyers in Ottawa Help Injured Persons Receive Fair Compensation

Ice, Slip, Trip, and Fall Accident Lawyers in Ottawa Help Injured Persons Receive Fair Compensation

Most people don’t imagine falling due to a slip or trip and suffering serious injuries. Most people recover from falls and don’t get injured. However, slip and trip falls can occur anywhere and can cause serious injury. This time of year is particularly dangerous because of ice and snow and slippery surfaces. In a blink of an eye, falling can cause serious debilitating injuries which can adversely affect every aspect of your life. Some of our clients have been injured permanently and because of a slip / trip and fall are unable to ever return back to work.

You are entitled to expect that properties are maintained in a safe manner. A certain level of safety is expected and pursuant to the Occupier’s Liability Act of Ontario, owner and occupiers of property must keep their properties safe. If you have sustained an injury because the owner of a property failed to meet their obligations, Plant Quinn Thiele Slip and Fall Lawyers - Ottawa Injury Lawyers can help you ensure that the property owners / occupiers take responsibility for their negligence. We will help you obtain the compensation you deserve for your slip and fall accident claim.

If you or someone you know has been injured in a slip, trip or fall accident, contact Marc Quinn - PQT Law Firm - Ottawa personal injury lawyer. We are experts in the field of personal injury law. We have experience in dealing with personal injury cases and we settle cases. All of our lawyers provide a free consultation. Call Marc Quinn at 613-563-1131.

Saturday, December 19, 2009

Ottawa Injury Lawyers Care About Their Clients - Parking Lot Slip and Fall - Ottawa Winters - Injuries in Parking Lots

Parking Lot Slip and Fall - Ottawa Winters - Injuries in Parking Lots

Suffering an injury can be overwhelming. In addition to recovering from the injury itself, you may struggle with finances caused by your inability to work while at the same time trying to find a lawyer willing to take on your case with no money to pay a lawyer. Finding the right lawyer can be confusing and frustrating. When in pain, it is easy to become overwhelmed. Your pain causes stress and that adds to your sense of helplessness. You may be worried about your future and wonder what is involved in pursuing damages as a result of your injuries. At Plant Quinn Thiele LLP, Ottawa Personal Injury Lawyers - Ottawa Accident Lawyers, we provide honest answers to all questions you have and we commit our agreements to writing. For injury cases, we charge you nothing unless you win and we put it in writing. Our personal injury lawyers receive ongoing training in the law, settlement and court procedure and communication skills with clients. We are prepared to sit down with you and explain your rights and the process, free of charge. If you like what you hear, you can hire us, if not, there is no charge and you leave with valuable information about your rights without the need to research everything you need on your own.

Personal injuries occur in many ways: you can be walking and trip or slip and fall or are hit by a motor vehicle while crossing the street; you can be a driver of a car hit from behind or a passenger injured because of a driver’s carelessness. You can trip and fall, slip and fall as a result of ice or snow or fall down stairs because of loose carpeting. No matter how you are injured, if someone else is at fault, we can help you get compensation for your injuries. That is what insurance is for. In a civilized society, insurance covers these types of claims and good insurers have no problem paying fair compensation to honest people who are unexpectedly injured because of their insured’s negligence.

Injuries this time of year often occur because of bad drivers resulting in car accidents or owners not properly taking care of their properties. Falls often occur in wet entrances of stores, walkways and parking lots. Parking lots during winter are a major cause of falls usually because the property owner has not shovelled or salted the parking lot or walkway enough.

If you are involved in an accident causing you personal injury, we can help. If you want a lawyer who cares, call Marc-Nicholas Quinn of Plant Quinn Thiele LLP - Ottawa Accident and Personal Injury Lawyers. Call us at 613-563-1131.

Thursday, December 17, 2009

Low Apartment Vacancy Rate in Ottawa, Ontario

A booming housing market normally gives rise to increased vacancies as renters become owners. Statistics compiled by Canada Mortgage and Housing Corp. suggest that vacancies in Ottawa have only risen to 1.5% from 1.4% last year. The average rent of a two bedroom apartment in Ottawa has risen almost 3% to $1030 per month. Depending on one's perspective--from that of a landlord or a tenant--this trend may be viewed both positively or negatively. One thing is for sure though, this time represents a good time for landlord's to increase rents for units as they become vacant. Vacant units, for the most part, have no rent control and landlord's may charge whatever the market will bear for that unit. Recent experience suggests that in this kind of market landlords are becoming less tolerant of certain behaviours and the foibles of some of their tenants and are indeed proceeding with eviction steps at the Ontario Landlord and Tenant Board. Tenants and Landlords are increasingly represented by lawyers at the Landlord and Tenant Board. While the Landlord and Tenant Board proclaims a model that is responsive to self represented parties, the reality is that the informal hearing process and the packed dockets (long lists of cases to be heard) favours the position of those parties that retain lawyers experienced in the process. In many ways, the Ontario Landlord and Tenant Board's informal procedure actually prejudices the self represented party as the fullness of the case is not actually ascertained until it is too late. For the unrepresented tenant this late revelation manifests itself in eviction and homelessness. For landlord's, the strict requirements of the law and the technical issues pertaining to the burden of proof often results in a tenant, who has an experienced lawyer, having the landlord's case dismissed. The cost to the landlord is the loss of the $170 application fee and sometimes a permanent inability to evict the tenant for the grounds alleged which can include illegal acts, impaired safety, non-payment of rent, and interference with reasonable enjoyment of the premises by other tenants or the landlord. Landlord's and Tenants should be represented by experienced counsel at hearing given the seriousness of what is at stake.

Michael K.E. Thiele, Lawyer practicing extensively in residential tenancies law before the Ontario Landlord and Tenant Board.

Wednesday, December 16, 2009

MINOR INJURY CAP UPHELD BY NOVA SCOTIA COURT OF APPEAL - INJURED PERSONS

News
Court Upholds Nova Scotia’s Minor Injury Cap
Terri Goveia | December 15, 2009

Nova Scotia’s Court of Appeal has dismissed yet another challenge to the province’s $2,500 minor injury cap—upholding the cap at the same time a government cap review assesses its fairness.

In the Hartling v. Nova Scotia decision—released December 15—a Supreme Court panel set aside appeals to an earlier Supreme Court of Nova Scotia decision that deemed the cap constitutional. Chief Justice Michael Macdonald, Justice Jill Hamilton and Justice Duncan Beveridge dismissed the first appeal, which claimed the cap goes against the Charter of Rights and Freedoms, concluding “the enactment and its regulations are valid.” They denied leave to appeal on the second front—that the government extended the cap’s reach beyond legislative intention—“because there is no longer an arguable issue to be resolved.”

In making their decision, the panel underscored the cap legislation’s original intent—to reduce skyrocketing insurance premiums, not to protect accident victims, as the appellants claimed.

Similar cases
The panel’s analysis of the case—which involved appeals from accident victims and a girl who witnessed her father being hit by a car—acknowledged similar constitutional challenges in other provinces, and referred to the recent Alberta Court of Appeal decision.

And though the panel acknowledged validity to some of the appellant’s assertions—such as their claim that accident victims suffering from chronic pain, are treated differently than those with other injuries—they note that “it is not enough for the appellants to simply establish that their distinct group is disadvantaged,” they state in the decision. “Instead, to succeed they must go a step further and establish that their disadvantage reflects discrimination.”

They also determined that “there is no basis to suggest that those who do not meet the chronic pain definition will be automatically caught by the cap. Without this premise this aspect of the claim evaporates.”

The panel’s decision points out that the cap legislation still allows accident victims to find sufficient care and compensation, pointing out that “all other rights of recovery remain intact. These represent a variety of monetary awards, including claims for wage loss and other out-of-pocket expenses; the costs of future care; or, where a wrongdoer’s actions are particularly egregious, “aggravated” or “punitive “damages, together with a commensurate contribution towards the victim’s legal bill.”

Decision coincides with review
The Insurance Bureau of Canada welcomed the decision, which coincides with an ongoing provincial review of the cap. “It provides Nova Scotia consumers with a little more stability,” says Bill Adams, the IBC’s vice president, Atlantic. “It highlights the fact that the review needs to balance affordability with fairness.”

The province is looking at options to amend the cap, which it some accident victims are caught under unfairly. The Ministry of Finance is slated to release a discussion paper on the cap before Christmas, with an eye to draft legislation—if necessary—by spring 2010.

Throughout the review, the government “needs to be clear in what [they’re] trying to address, and [avoid] a flood of cap claims at higher levels,” Adams told CI December 15. “We believe the current system is working. We acknowledge that the government has expressed a long-standing concern and will collaborate with them to understand its concerns.”

Part of that collaboration: shared insurance claims data to inform any future decision on the cap, he says. “The challenge is for government to make the changes it wants to see regarding victims yet not create the instability that could see higher claims costs.”

The Ministry did not respond to CI’s queries for comment.


SOURCE: http://www.cdnins.com/news/news_151209_01.htm

Car Accident Kills Ottawa Teen reports Ottawa Citizen

OTTAWA — Two Ottawa-area teens were set to ride horses in the Carleton Place Santa Claus parade on Saturday, but they never made it.


Kyle Simpson, 19, of Ashton, was pronounced dead after his girlfriend’s car was struck head-on by a truck Saturday afternoon on South Lavant Road, just west of Highway 511 in Lanark Highlands Township. Simpson’s girlfriend, Amelia McInnes, 19, of Lanark Highlands, is in critical condition at an Ottawa hospital.


McInnes, who suffered severe head trauma, can’t speak to her family and is not yet aware Simpson has died. Her family wants to wait until she is well enough to ask about him.


“She squeezed my hand and fluttered her eyes, but she wouldn’t show me her pretty blues,” said her mother, Cheryl McInnes.


“I kept on saying, ‘Just show mommy your pretty blues.’”


The teens started dating in August and were inseparable. Simpson, who asked McInnes out twice before she finally agreed, became interested in riding horses because his girlfriend was a barrel racer.


They were going to ride in the Santa Claus parade with the Wicksteed Stable and Tack Shop.


Investigators are still trying to determine the cause of the crash.


Cheryl McInnes was following 15 minutes behind her daughter, but was stopped by police.


A member of the volunteer fire department told her a black Dodge, the same kind that her daughter drives, had been in an accident.


Emergency crews wouldn’t let her close enough to the scene to see her daughter.


Simpson’s family will say goodbye to their only son today at a funeral in Carleton Place.


A trust fund has been set up to help McInnes. Donations can be made to any Royal Bank under the name Cheryl McInnes.Source: Ottawa Citizen

Do I have a slip and fall case? Slip and fall on ice and snow in Ottawa

Do I have a slip and fall case? Slip and fall on ice and snow in Ottawa

Ottawa injury lawyer, Marc-Nicholas Quinn, settles slip and fall cases regularly. Slip and fall injuries caused by snow and ice are a particular difficult personal injury cases which present a number of legal issues. Ottawa winters can be brutal and very dangerous. With snow and ice, there are dangers on the roads and anywhere ice and snow are located. Ice can be hidden. Slip and falls due to ice and/or snow are the main causes of winter injuries we see. Injuries caused from slip and falls on ice and/or snow can result in permanent injuries and disability, and even death. The injuries can be minor but also very serious such as fractures, head injuries, concussions, brain injuries and more.

How does one fall on ice? Usually, even when keeping a proper lookout, a person can slip on ice which is concealed under snow. Ice is also not always visible. Black ice for instance is often barely noticeable and can easily cause car accidents and slips and falls.

Accidents caused by ice and/or snow are special cases. The Courts do not impose an absolute duty on property owners to keep their entire properties free and clear of ice and snow at all times. The Courts have also decided that property owners are not kept to a standard of perfection and certainty and cannot be the insurers of everyone and anyone who happens to fall. Instead, the person who fell must show that the property owner, occupier or person responsible for maintenance has failed in their duty to take reasonable steps to make the property reasonably safe. In some instances, the ability to claim damages is even more difficult because some owners, like municipalities, have statutory protections (higher standard of proof and special limitations that can cause an injured person to lose their right to sue) against persons who get hurt on their properties. Due to the complexities involved in slip and fall cases involving ice and/or snow, you should consult one of our personal injury lawyers. Call us to discuss your case. One of our experienced personal injury lawyers will explain your rights and explain the process by which you can obtain fair compensation. Consultations are free and most personal injury cases we accept are based on a no win, no pay agreement - you don’t pay unless we win for you. Call Ottawa injury lawyer and accident lawyer, Marc-Nicholas Quinn, 613-563-1131.

Ottawa Winters, Personal Injuries

It is that time of year where slips & falls and motor vehicle accidents are much more likely to happen. Anyone living in our great city knows that Ottawa winters are not for the timid, and some simple common sense principles, if violated, can impact their claims in the event of an incident. If you are walking during a snowstorm, wear appropriate footwear such as boots with a good grip. If you are driving during a snowstorm, practice defensive driving so that you do not cause an accident. If you have a drink, do not get behind the wheel at all. We assure you that the insurance companies will be asking these questions and more. At Plant Quinn Thiele LLP, we will vigorously pursue your claim arising from a slip & fall or a motor vehicle accident. Do not give the insurance companies any excuses to reduce or deny your claim! For a free consultation, call Todd K. Plant at 613-563-1131. Ottawa Personal Injury Lawyers. www.pqtlaw.com

100% FREE consultation. NO OBLIGATION. No fees until you win. Ottawa Injury Lawyers - Car Accidents in Ontario - Ottawa. Motor Vehicle Lawyers

100% FREE consultation. NO OBLIGATION. No fees until you win.

The time of year has arrived and we are seeing many more clients than ever who are injured in car accidents in Ottawa, Ontario, Canada. As car accident lawyers, we make sure that our clients receive fair compensation for their injuries sustained in motor vehicle accidents. We ensure that the insurance company negotiates a fair settlement with respect to the personal injuries suffered during the accident. We are committed to ensure that you are fairly compensated.

We help Ottawa and Ontario residents who suffer greatly after a motor vehicle accident. We help arrange for ongoing medical treatments, medical care and monthly financial compensation.

At Plant Quinn Thiele, LLP, Ottawa Personal Injury Lawyers, we focus on motor vehicle accident claims and compensation.

In personal injury claims, we do not charge a retainer or ask for upfront fees ever - there is no cost to you until we win for you. We offer consultations in our office, at your home, hospital or other location.

For more information or to arrange a free consultation please contact Marc Quinn at 613-563-1131 - Ottawa Car Accident Lawyers.

Tuesday, December 15, 2009

Highway 416 Pileup of 70 Vehicles

December 14, 2009, was a foggy, snowy, and slippery day on the 416. The early morning commute had a chain reaction accident resulting in approximately 70 vehicles becoming involved in a signficant collision. Personal injuries to drivers and passengers ranged in severity. The highway was closed for about five hours. Persons involved in this accident will be dealing with injuries and damage claims for the foreseeable future. Key to dealing with these claims is knowledge of the law as it pertains to motor-vehicle accidents in Ontario. Many of the personal injury claims will be resolved by the injured applying for Accident Benefits and receiving those benefits on a no-fault basis from their own insurers. For those more seriously hurt and whose injuries do not readily resolve the claim process will be more complicated and will normally require the assistance of a lawyer. At Plant Quinn Thiele LLP we have the experience and knowledge to guide the victims of motor-vehicle accidents through the claims process in order to obtain fair and favourable compensation for the losses sustained. Further information respecting the process of applying for insurance benefits and compensation for injuries is contained on our website at Pqtlaw.com.

Monday, December 14, 2009

Need an Injury Lawyer? Need a Lawyer? The Law Society of Upper Canada offers a Lawyer Referral Service for a $6 fee. Marc Quinn is a proud member

Need a Personal Injury Lawyer? Need a Lawyer? The Law Society of Upper Canada Offers a Lawyer Referral Service for a nominal fee of $6. Call 1-900-565-4LRS (4577). This service is one way the Law Society of Upper Canada offers Ontario residents access to justice.

The LRS will help you find a lawyer who practises in the area of law that meets your needs. The service can also help you find a lawyer who meets specific requirements such as speaking a certain language or accepting Legal Aid certificates.

Lawyers participating in the Service will offer you up to a half-hour free consultation. This consultation may be over the phone, or in person (the choice is up to the lawyer). During this time, you can ask:

◦How the law applies to your situation
◦How to use the law to solve your legal problem
◦How long the legal work may take
◦How much the lawyer will charge

After the consultation, you can decide if you want to hire the lawyer to work for you.

Thursday, December 10, 2009

Is a wrist injury worth much in compensation? - Ask Ottawa Personal Injury Lawyer Marc Quinn

Is a wrist injury worth much in compensation? - Ask Ottawa Personal Injury Lawyer Marc Quinn

The full extent of injuries to a wrist is often underestimated by persons injured in accidents. Wrist injuries are extremely painful and can lead to long lasting permanent disability. Most everyday activities require the use of your hands and wrists. Physiologically, the wrist is quite complex and has several bones connected to each other with ligaments, the bones are called the scaphoid, the capitate, the hamate, the lunate, the triquetrum, the pisiform, the trapezium and the trapezoid. The wrist is connected to the forearm and often a wrist injury involves injury to the arm as well.

Wrist injuries include sprains (damage to ligaments holding the bones together) and fractures. Usually, a fracture will include one of the bones indicated or the two bones from the forearm being the radius and ulna. Sometimes, in addition to a sprain or fracture, there is also damage to the nerves.

Depending on the severity of the injury, in Ontario, wrist injuries yield general damages for pain and suffering anywhere from $15,000 to $50,000, in addition to all other damages available in a typical personal injury case.

If you have injured your wrist in an accident, you may be entitled to compensation. Contact us at 613-563-1131 - Marc Quinn - Ottawa Personal Injury Lawyer for a free consultation. You have the right to seek compensation and you should know your legal rights.

Wednesday, December 9, 2009

Back Injuries - When Should I settle? Ottawa Injury Lawyer Marc Quinn Offers Information

Back Injuries - When to Settle?

Back injuries can be very serious. Often, what seems to be a minor back injury becomes a traumatic long term injury which can disable someone and render them unable to work for years or even a life time. You should never settle your claim for a back injury (or any other claim for that matter) until you are absolutely certain of: (a) the type of back injury or injuries you have suffered; (b) the full extent of your back injury or injuries; and (c) how long it will take for you to heal; and (d) to what degree and length you will require ongoing medical and rehabilitative care.

Until these answers are available, you can not ascertain / determine the full value of your damages and fair amount of your claim and therefore you should not settle your case with an insurance company or directly with the person at fault for your injuries. Settlements are usually final and will prevent you from ever claiming more compensation for your claim in the future, even if your injuries worsen over time. In most cases, a settlement includes the injured person signing a full and final release of liability releasing the person at fault for your injuries from any future claims.

An experienced back injury lawyer can assist you with determining when you should consider settlement of your personal injury action or claim and can guide you through the settlement process so that you receive adequate and fair compensation.

Call Marc Nicholas Quinn at Ottawa Injury Lawyers - Ottawa Accident Lawyers - Plant Quinn Thiele LLP for a free no obligation consultation in regard to your back injury or any other injury. 613-563-1131 www.pqtlaw.com

Monday, December 7, 2009

Head and Facial Injuries - Fair Compensation - Ottawa Injury Lawyer Marc Quinn

Head and Facial Injuries - Compensation

Common causes of injury to the head or face include criminal assaults, injuries during sporting activities and motor vehicle accidents. Depending on how the injury was caused, you may have a claim for compensation based on the negligence of someone else or based on an intentional tort such as an assault. If your injuries are caused by a criminal act, you also have the right to claim compensation from the Criminal Injuries Compensation Board of Ontario in addition to claiming compensation from the person who caused you to suffer injuries.

If you believe you may be entitled to compensation for your injuries, you need to consult a lawyer without delay. In Ontario, there are time limitations which apply to claims for compensation. If you fail to meet the time periods, you will lose your right to commence legal action against the person or persons responsible for your injuries.

If you would like free advice without any further obligation from one of our personal injury lawyers, please contact Marc Quinn at 613-563-1131 - Ottawa injury lawyer - Ottawa car accident lawyer. Our Ottawa personal injury law firm offers a “No Win - No Fee” agreement in personal injury matters.